The importance of full and frank disclosure within divorce proceedings

By Curtis Law Solicitors

22 Nov 2013

by Wendy Wharton, family law solicitor, Curtis Law

When a couple divorce or have a partnership dissolution they are more than likely to have the financial aspects of their relationship to deal with.

Sometimes separating is not always simple, straightforward or acrimonious. Financial settlement is one of the most contentious aspects of separation and people find it difficult to see why the husband or wife, or civil partner should get anything at all.

The circumstances of each divorce or dissolution of a civil partnership are different and there are no strict rules relating to the resolution of financial matters. The law in this is flexible and it is not always the case that assets will be divided equally between the two parties.

There are a series of factors which are taken into account when attempting to reach an appropriate financial agreement including child support and welfare, length of the marriage, civil partnership and ages of the parties, financial needs, contributions – these are just a few examples.

Before any family lawyer can properly advise a party upon what is a realistic division of assets on divorce or civil dissolution, the full extent of all the assets have to be identified and disclosed in full. Any businesses or homes require valuation and if there are any pensions, these also need to valued.

If one party fails to disclose assets or tries to hide or depreciate assets this can get them into serious trouble. At the moment a Respondent husband has been found guilty of contempt of court and jailed for not co-operating with financial relief proceedings (Ball v Shepstone [2013]) after failing to comply with an order and was committed to prison for 14 days. He has also been ordered to pay his wife’s costs of and incidentals to her application for committal.

Issues also arise relating to what constitutes ‘matrimonial assets’ and what should be subject to the sharing principle. Arguments often arise over whether assets owned before the marriage should be viewed as non-matrimonial and therefore treated differently and often the same issues arise over inherited assets or assets built up during the period of separation.

However all have to be disclosed for a decision to be made. In the cases of ‘Miller v Miller’ and ‘McFarlane v McFarlane’ for example, the House of Lords confirmed that when making a financial award the three principles which should guide the court are needs, compensation and sharing.

There are no hard and fast rules as to how these principles are applied. The assets of the marriage are not divided equally in every divorce, but where certain factors apply there is a strong argument for an equal division. An equal split of assets will usually take place where assets of the marriage are large and therefore sufficient to meet the housing needs of both the husband and the wife, or civil partners and the assets were built up during the course of the marriage or civil partnership.

In a most recent case, which is still before the court, an ex-husband is alleged to have concealed £15,000 of jewellery belonging to his ex-wife, which he claimed ‘she lost’.

The judge has given the husband until 16 December to help find the jewellery and has ruled that after the marriage has broken down irretrievably, the husband had attempted to put money ‘beyond the reach’ of his ex-wife. If the jewellery somehow ‘magically returns’ that is acceptable, if it does not she will get the extra cash from the house sale proceedings on top of her 80% share of the sale of the former family home. Parties need to be very careful when deciding to not disclose assets or put money beyond the reach of their husband or wife or civil partner as this will always be discovered and at additional cost.

Enjoyed this? Read more from Curtis Law Solicitors

Latest news

1

Morecambe Business Improvement District given fresh five-year mandate David Waddington Chair L John Oneill Bid Manager R 1024x768

Morecambe Business Improvement District given fresh five-year mandate

14 Aug 2026

2

fulfilmentcrowd appoints Neil Midgley as director of operations Neil Midgley Director Of Operations

fulfilmentcrowd appoints Neil Midgley as director of operations

14 Aug 2026

3

Inheritance tax changes prompt planning review Stuart Maher

Inheritance tax changes prompt planning review

14 Aug 2026

4

Finding the right channel for growth Phil2026

Finding the right channel for growth

13 Aug 2026

5

Preston College secures £3.6m for major construction centre revamp Preston College

Preston College secures £3.6m for major construction centre revamp

13 Aug 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Finding, Getting and Keeping The Right People - FREE Workshop
Gemini_Generated_Image_iotoi2iotoi2ioto.png.png 20 Aug 2026 - 20 Aug 2026

Finding, Getting and Keeping The Right People - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

U35 Networking
Logo.jpg.jpg 25 Aug 2026 - 25 Aug 2026

U35 Networking

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Preston Freelancer Meet-Up: August
Freelancer Meet-Up Square August.png.png 27 Aug 2026 - 27 Aug 2026

Preston Freelancer Meet-Up: August

Society1, Preston, PR1 3LT

10:00 - 12:00

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop
Gemini_Generated_Image_ysrasxysrasxysra.png.png 27 Aug 2026 - 27 Aug 2026

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

90 Day Business Planning Workshop
GCJune 26 600 x 280.jpg.jpg 25 Sep 2026 - 25 Sep 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

90 Day Business Planning Workshop
GCJune 26 600 x 280.jpg.jpg 25 Sep 2026 - 25 Sep 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin